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(영문) 서울행정법원 2020.11.13 2020구합2059
잔여지 매수 청구
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff was the owner of the B-land B-216 square meters in Namyang-si, Namyang-si.

On June 5, 2012, the Minister of Land, Transport and Maritime Affairs (former Minister of Land, Transport and Maritime Affairs) determined a project operator as a D Co., Ltd. and the Korea Expressway Corporation (Compensation for Land), and approved the implementation plan of the F Private Investment Project (hereinafter referred to as the “instant project”) which opens E in the section of 50.54 km of total extension, and publicly announced it as G publicly announced by

On November 19, 2012, B land in Namyang-si, Namyang-si was divided into 5,791 square meters of land B (hereinafter “B”) and 2,425 square meters of H forests and fields.

On December 30, 2014, the Minister of Land, Infrastructure and Transport announced the detailed list of land to be incorporated into the project of this case as I public notice of the Ministry of Land, Infrastructure and Transport

Accordingly, H forest land 2,425 square meters was incorporated into the instant project in Namyang-si.

On November 17, 2015, the Defendant completed the registration of ownership transfer for land expropriation on November 10, 2015 with respect to H 2,425 square meters of land in Namyang-si, Namyang-si.

After December 19, 2019, registration conversion was completed on December 19, 2019 with regard to H 2,425 square meters in Namyang-si, Namyang-si.

(hereinafter the Plaintiff asserted the following facts: (a) [Grounds for recognition] without dispute; (b) Gap evidence Nos. 1 and 2; (c) evidence Nos. 1 and 1-2; and (c) the purport of the entire pleadings, as a whole, the Plaintiff’s assertion of the purport of the entire pleadings, due to the instant project, moved the land-based farm into B land.

However, it is difficult to carry out a brupt construction with a brupt relationship between the land B and C, and it is clear that the utility value of the land B will be significantly decreased even if the brupt construction is completed.

In order to construct a farm normally, work should be done in a balanced way between the land B and C in order to construct a farm.

Therefore, Article 74 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides the Defendant with the legal basis for the main claim.

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